Justice Anthony Kennedy
The conservative Kennedy, who turns 82 in July and is the second-oldest justice on the nine-member court, has become one of the most consequential American jurists since joining the court in 1988 as an appointee of Republican President Ronald Reagan. He proved instrumental in advancing gay rights, buttressing abortion rights and erasing political spending limits. His retirement takes effect on July 31, the court said.
On June 26, the U.S. Supreme Court decided to hear during its next term a case regarding President Trump’s ban on travel into the U.S. for people from six countries whose populations are majorly Muslim. In doing so, the Supreme Court permitted a revised version of President Trump’s ban to go into effect immediately until the case is heard. The Supreme Court’s next term will begin in October.
The Supreme Court struggled Wednesday with a case that asks whether government bodies can open with prayers that some people find overly religious and excluding.
From their lines of questioning, it’s unclear whether the court is ready to write new rules on what sort of prayer falls outside constitutional bounds. And more than one of the justices noted that just before they took their seats, a court officer declared: “God save the United States and this honorable court.”
Few court watchers believe the justices will rule all civic prayers unconstitutional — the nation has a long history of convening legislative bodies with such language.
Rather, the question raised by Town of Greece v. Galloway is how sectarian these prayers can get.
The legal battle over same-sex marriage has shifted from the Supreme Court to state capitals and lower courts as supporters seek to build on their recent victories and opponents hope to thwart that progress.
Armed with Justice Anthony Kennedy’s decision striking down the Defense of Marriage Act, lawyers representing same-sex couples filed a lawsuit in Pennsylvania on Tuesday, and vowed to follow with others in North Carolina and Virginia.
Those cases will be added to at least 11 pending from New Jersey to Hawaii.
Sometimes a court opinion is more than just a court opinion.
Justice Anthony Kennedy’s 26-page decision Wednesday striking down a federal ban on same-sex marriages offers a window into Americans’ rapidly shifting views of same-sex relationships — a shift that increasingly relies on matters of law and fairness, not moral or religious views.
At the same time, Justice Antonin Scalia’s biting 26-page dissent in United States v. Windsor reflects a set of cultural, religious, and social arguments that are losing ground in the court of public opinion and now, in the highest court of the land.